Pierce, Butler & Pierce Mfg. Co. v. Rogers
Superior Court of Pennsylvania
Appeal, No. 239, October T., 1914, by defendant, from order of C. P. No. 3, Philadelphia Co., December T., 1911, No. 7239, M. L. D., discharging rule to strike off mechanic’s lien, in case of Pierce, Butler and Pierce Mfg. Co., Inc., v. Calvin W. Rogers, Owner or Reputed Owner and Contractor.- Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to strike off mechanic’s lien.
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Appeal, No. 239, October T., 1914, by defendant, from order of C. P. No. 3, Philadelphia Co., December T., 1911, No. 7239, M. L. D., discharging rule to strike off mechanic’s lien, in case of Pierce, Butler and Pierce Mfg. Co., Inc., v. Calvin W. Rogers, Owner or Reputed Owner and Contractor.- Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to strike off mechanic’s lien. The claim shows on its face that the claimant was not a contractor within the definition of the status. Even if the claimant had a right…
1Opinion of the Court
Opinion by
Kephart, J.,
This appeal is from an order of the court below refusing to strike off the mechanic’s lien and the judgment entered for want of an affidavit of defense. It is urged:
First: That the claimant was not a “contractor” within the mechanic’s lien law of 1911. The defendant made a contract with one Powell for the plumbing and heating of a number of houses. Powell asked the plaintiff for a proposal for furnishing certain material necessary in this contract. The proposal while accepted by Powell was subject to the condition that the defendant, the owner, would personally pay for…
2Cases cited8 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Murphy v. BearSupreme Court of Pennsylvania · 1913
- Corcoran v. HueySupreme Court of Pennsylvania · 1911
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meyers Plumbing & Heating Supply Co. v. CasteSupreme Court of Pennsylvania · 1986
- Favo v. MerlotSuperior Court of Pennsylvania · 1928
- Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
- Loasby v. IrvinSuperior Court of Pennsylvania · 1916